Ongoing 'Trials' in Baku Cannot Be Considered Fair: Armenia's Ombudsman

The Office of the Human Rights Defender of Armenia has issued a statement regarding the violations of the rights of ethnic Armenians detained in Azerbaijan.

“Human Rights Defender Anahit Manasyan continues to monitor issues related to the rights of all ethnic Armenians illegally deprived of their freedom in Azerbaijan within the scope of her mandate, emphasizing the importance of upholding universal human rights principles and values. All processes occurring in Baku concerning them take place amidst gross violations of universal human rights principles and international legal standards. Continuous monitoring by the Defender indicates that even before individuals are unlawfully deprived of their liberty, they are already labeled as 'criminals' at the highest levels in Azerbaijan. Furthermore, hate and hostile insults directed at these individuals continue to proliferate in Azerbaijani media and social platforms, with calls for violence and expressions of deep-seated hatred towards Armenians.

It is evident that under conditions of state-sponsored ethnic hatred propaganda and violation of the presumption of innocence, the so-called 'trials' currently underway in Baku contradict the requirements of the right to a fair trial and cannot be regarded as carried out by a fair and impartial court. Concerns about the illegality of this process are raised by various human rights advocates, lawyers, and reputable international actors. The right to a fair trial is enshrined in numerous international legal documents. Moreover, in the context of this right, adherence to the principle of the presumption of innocence is considered by the European Court of Human Rights from several perspectives, including the necessity for state bodies and mass media to uphold this principle.

The concerns voiced by various actors also indicate that ethnic Armenians under criminal prosecution are deprived of procedural guarantees that are essential components of the right to a fair trial, including the right to effective defense through a lawyer of their choosing and assistance from an interpreter when needed. The Human Rights Defender shares the concerns related to the effective realization of the right to defense. Additionally, reports from the Human Rights Defender of Armenia, various human rights organizations, and respected international institutions (such as Human Rights Watch and the UN Committee Against Torture) have consistently raised concerns regarding incidents of torture and ill-treatment of detained ethnic Armenians.

The Human Rights Defender emphasizes that all actors with a mandate in this area, including international ones, must take swift and proper actions towards resolving this issue. The Defender continues to address all these concerns to the relevant actors responsible for the protection of human rights,” the statement reads.